L’OCCITANE REFER A FRIEND PROGRAM TERMS AND CONDITIONS
 

Through L’Occitane’s Refer a Friend program (“Program”), VIPs may refer up to 3 Friends (as defined below) who will then be eligible to receive a free gift from L’Occitane. VIPs do not need to refer 3 friends to redeem the gift.
 

To participate, click on the link in your special gift offer email from L’Occitane and follow the on-screen instructions to refer up to three (3) friends and/or also get a free gift for yourself. Referrals must be made by 11:59 p.m. ET on September 8, 2017 unless otherwise extended by L’Occitane. Your referred friends will receive an email with a unique link and instructions to claim their free gift by 11:59 p.m. ET on October 2, 2017. Referred friends will not be able to receive the referral email if they have previously unsubscribed from L’Occitane’s newsletter or marketing communications.
 

L’Occitane (sometimes also referred to herein as “we”) reserves the right at any time to modify or discontinue the Program, either temporarily or permanently (or any part thereof), with or without notice. L’Occitane will not be liable to you or the referred party in the event of any modification, suspension or discontinuance of the Program.
 

L’Occitane may, at any time, terminate, alter or modify the Program and/or these terms and conditions without any further obligations. We will provide you written notices via email or a notice posted on http://www.loccitane-sharethelove.com/ should we terminate, alter or modify the Program and/or these terms and conditions. “Terms and Conditions” shall refer to these terms and conditions, as they are modified by L’Occitane in its sole and absolute discretion.
 

The Program is open only to individuals, who are, as of entry, at least eighteen (18) years old and not minors as defined by their state of primary residence, and who are legal residents of, and physically located within, the United States and the District of Columbia. Employees, officers and representatives of L’Occitane, its parent or affiliated companies, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies, and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Void where prohibited.
 

Participation in the Program constitutes your full and unconditional acceptance of these Terms and Conditions and the Terms of Use of the L’Occitane website (“Website”) and the Website Privacy Policy. L’Occitane’s decisions are final and binding in all matters related to the Program.
 

How to Be a L’Occitane Advocate  

The Program is only open to the people who receive the “Referring Friend” (1st Gen) email, sent by L’Occitane. You only may refer Friends by following a link from the email, which will contain a PIN unique to the invited user. No purchase is necessary to participate in the Program.
 

VIPs can only get to the Program site by following the link from the Referring Friend email sent by L’Occitane. VIPs should only invite people to participate in the Program who are not current L’Occitane subscribers (“Friends”). After you provide your friends’ email addresses, L’Occitane will send each of them invitation emails, provided that the email address has not opted out of receiving emails from L’Occitane. The invitation email that goes to the Friends (2nd Gen) doesn’t identify the email address of Advocate (referring friend), only the Advocate’s first and last names.

The unique link in your email will expire, and your email to the referred Friend will indicate the expiration date of the unique link. The offer may expire and/or change at any time in L’Occitane’s sole discretion.
 

VIPs can refer up to 3 Friends and an email address only may be used one time. However, you may not use spam, automated programs or send unsolicited emails to persons you do not personally know or have direct, voluntary two-way communications with. You may not collect referrals by posting the invite on message boards or other online venues. In addition, you may not post your unique link on any of L’Occitane’s social media sites.

 How to Redeem Your Free Gift Offer and Bounce Back

If you are a Friend, L’Occitane will email you a unique code (“Redemption Code”) to enable you to redeem a free gift (“Free Gift”) plus a discount offer toward a future purchase (“Bounce Back”). The Free Gift offer is valid and may be redeemed only in participating L’Occitane-owned boutiques in the United States or on L’Occitane’s United States website, usa.loccitane.com (“Website”), with any purchase excluding items under $5 and before taxes, shipping fees and discounts. For in-store redemption of the Free Gift, either bring a printout of the Redemption Code or display the Redemption Code to a store associate on a mobile device. For online redemption, enter the Redemption Code during the check-out process. Free Gift codes may not be used and are not applicable at L’Occitane wholesale partners, such as department stores, or at our outlet boutiques. You do not have to opt-in to receive marketing emails from L’Occitane in order to receive a Redemption Code. One Free Gift per household. This offer is non-transferable. L'OCCITANE reserves the right to substitute the gift with another one of a comparable value. Offer valid until October 4, 2017 or while supplies last, whichever is earlier. Redemption is only possible with a valid email invite and valid Redemption Code. L’Occitane does not accept responsibility for network, computer, hardware or software failures of any kind that may restrict or delay the sending or receipt of your Redemption Code. Referrals must not be submitted through agents or third parties. Any referrals made by a person found to be using multiple email accounts will be ineligible. L’Occitane reserves the right to withdraw or change any part of this offer at any time.
 

General Terms

Free Gift offer valid only while supplies last. Free Gift may vary depending on boutique inventory. Offer can be used only one time, at one participating location. Cannot be combined with any other offer, coupon or discount. No reissue or reimbursement for lost or void coupon or gift code.

The value of your Refer a Friend coupon will not be returned if you make a return or exchange. Refer a Friend coupons cannot be applied to previous purchases. The discount bounce back value will not be returned if you make a return or exchange. Transactions involving Refer a Friend coupons are not eligible for price adjustments. Refer a Friend coupons may not be transferred in any way.

In all matters relating to the administration of the Program, the decisions of L’Occitane shall be final. L’Occitane reserves the right to cancel or deactivate your Redemption Code and Bounce Back offer if you, in L’Occitane’s sole discretion, violate any of these Terms and Conditions or any applicable law, obtain the Redemption Code or Bounce Back offer via deception, forgery, fraud, or commit any other abuse of the Program.

 

How to Contact the L’Occitane Refer a Friend Program 

 

By e-mail: Customerservice@LOccitane.com

 

By phone:  1-888-623-2880

 

Marketing 

The information you provide as a participant of the Program will be managed by L’Occitane, as described in L’Occitane’s Privacy Policy. By participating in the Program, you to agree to receive advertising, marketing materials and other communications from L’Occitane. You may opt out of receiving these emails by clicking on the opt out link at the bottom of any of the emails and following the instructions. If you opt out of receiving marketing emails from L’Occitane, you will continue to receive transactional or relationship email messages regarding your participation in the Program.
 

Limitation of Liability

L’Occitane is not responsible for lost, interrupted or unavailable network, server, internet service provider, Website or other connections; telephone availability or accessibility; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in any participant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes. L’Occitane does not warrant that the entry mechanism will be available at all times the Program is active.
 

L’OCCITANE SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE L’OCCITANE REFER A FRIEND PROGRAM. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT L’OCCITANE HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE L’OCCITANE REFER A FRIEND PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, L’OCCITANE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE OR THE PROGRAM, AND L’OCCITANE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
 

ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.

Any dispute or claim relating to this Program or the Terms and Conditions (“Claim”) that is not informally resolved within fifteen (15) days of L’Occitane’s receipt of written notice, shall be finally resolved by arbitration in the State of New York. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
 

You are responsible for all fees and costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless L’Occitane otherwise is required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over L’Occitane is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
 

THE ARBITRATION OF CLAIMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. BY PARTICIPATING IN THE PROGRAM, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY GIFTS, SAMPLES OR BOUNCE BACKS AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY); (3) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
 

If any court or arbitrator determines that this class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated exclusively in federal court located in New York, New York, without regard to any principles of conflict of laws.
 

The agreement to arbitrate and class action waiver also apply to any Claims you assert against L’Occitane or its present or future parent, subsidiary or affiliated companies.
 


These terms and conditions are effective as of August 21, 2017..

 

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